MS Swaminathan Research Foundation

Policies on Prevention, Prohibition and Redressal of Sexual harassment at workplace

POSH & PSEA

May 2023
• MSSRF is committed to provide safe work environment to all genders , irrespective of age,
colour, caste etc. and does not support or take part in any form of sexual exploitative or
abusive activities, including, child pornography or trafficking of human beings.

• MSSRF has designed the policy and process in line with statutory requirement and is guided
by Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
(SHWW) Act, 2013 and guidelines of Prevention of Sexual Exploitation and Abuse (PSEA)

POSH & PSEA is a zero -tolerant policy

Laws Governing prevention, prohibition and redressal of Sexual Harassment

• The Sexual Harassment of women at workplace (Prevention, Prohibition and Redressal)

Act, 2013 and Rules made thereunder.

• Indian Penal Code (Section 209, 354, 376 and 509), 1860; and

• Industrial Employment (Standing Orders) Act, 1946

• Guidelines of Prevention of Sexual Exploitation and Abuse (PSEA) – Policy of United

Nations ( Since many of MSSRF projects are funded by UNICEF)
Intention vs perception
“Intention” is internal. Your intentions belong to you and you alone. On the other hand, “perception”
is external. Perceptions belong to those people who are in receipt of your intentions. 
• In the workplace, you see yourself as confident. You’ve had years of experience and you know
what you’re doing. Your co-workers see you as arrogant.
• At home, you see yourself as strong. You make decisions and you stick to them. Your family sees
you as rigid.
• You’re in the beginning stages of a new relationship, so you choose to be quiet. You think you’re
being a good listener. The other person sees you as passive.
• You are a senior person in the Organisation. You offer a lift to the junior colleague as she stays on
the way to your house. You may think it as caring. The colleague sees you as taking advantage

Every individual in the Organisation comes with a baggage. His /her perception depends on what his/her
experience has been
Prevention of Sexual Harassment

• Why is this policy important?

• How does it effect individuals and genders
• Your role as a change agent…
FAQs
1. Why does Sexual harassment happen???
• Power play: Use of power and position to exploit a woman sexually
• Quid Pro Quo: Demand for sexual favour in return for a reward or any work done
• Gender bias: Unequal treatment in employment opportunities and expectation from a female
employee/student
• Hostile environment: When the behaviour of one or more employees within the workplace creates an
environment that is difficult or uncomfortable for female employees

Some of the lesser known reasons:

• Perversity: a deliberate desire to behave in an unreasonable or unacceptable way

• Obsession: An idea or thought that continually preoccupies or intrudes on a person’s mind especially
in a way that is not normal
• Revenge: the action of hurting or harming someone in return of an injury or wrong suffered at their
hands, in order to get even
 FAQs
2. Does rape amount to sexual harassment?
No, rape does not amount to sexual harassment under the Act. Rape is a distinct criminal offence and is
dealt with separately under the provisions of Indian Penal Code,1860 and Criminal Procedure Code 1973
3. Does flirting amount to sexual harassment and can it be tried under the Act?
The laws whether or not such an act amounts to sexual harassment. has broad implications in determining
what amounts to sexual harassment and covers any act verbal or non-verbal.
It is very important to understand that the law clearly defines that it is not the intention that matters but how
the other person perceives it.
How the victim feels by such gesture or behaviour of the perpetrator determines whether or not such an act
amounts to sexual harassment.
 FAQs
4. Does a single act amount to sexual harassment?
Yes, a single act such as the use of certain unwelcome word(s) , sending an offensive mail, one
unwelcome physical touch etc. can amount to sexual harassment .
This is especially if any of these acts has made it uncomfortable for the fellow employee or someone
working together but not necessarily is the employee (Vendor, trainee, Customer etc.)

5.The reason men behave in a certain way because women invite such reaction with the
clothes they wear and the language they use; and therefore men cannot be responsible
for such behaviour.
Wrong. The clothes they wear or the language they use cannot be the reason that they are harassed by
men. It must be understood that the way women dress or carry themselves is no reason that they can be
harassed.
 Why is this policy important?

• It is the duty of the employer to provide a harassment free workplace to the employees

• The law mandates that the employers sanitize the employees on the policy

• Employees understand what constitutes sexual harassment

• When faced by an act if harassment, they can stand up for their rights
Sexual Harassment includes
Physical confinement
or touches against the
Physical Vulgar/ indecent will and likely to
contact jokes, phone intrude upon one’s
calls, text privacy; or
massages,
e-mails,
Making
sexually
colored Demand or
remarks request for
Using sexually Abusive
Sounds sexual
abusive language
favours;
or signs in the
presence of
woman employee
Stalking
 Sexual Harassment includes
Showing pornographic
pictures on the computer,
Humming, or singing or phone, either with
provocative, sexually Staring or
intent, or as if by accident
explicit songs every looking their
time the woman body up and
concerned is in the down
vicinity.

Any rumours/ talk at

Calling on the
workplace with sexually
pretext of work and Touching the back,
coloured remarks about a
taking the shoulder or knees
working woman, or
conversation to a without any reason
spreading rumours about a
zone which is or permission
woman’s sexual relationship
extremely
with anybody.
uncomfortable for
the woman.
Sexual Harassment includes

Making insulting comments Physically blocking a

about someone’s gender person’s movements;
identity or sexual orientation in other words –
or asking about someone’s standing in their way
sexual orientation

Sending unwanted suggestive or Telling lewd jokes or sharing

lewd emails, letters or other stories about sexual
communications or sharing experiences – even if this is
images of a sexual nature around not directed at you but done
the workplace or displaying in your presence to cause
posters, items or screensavers of a you discomfort
sexual nature
Sexual Harassment includes
Sending unwanted
Physically blocking a suggestive or lewd emails,
Inappropriate and
person’s movements; letters or other
suggestive touching,
in other words – communications or
kissing, rubbing or
standing in their way sharing images of a sexual
caressing of a
person’s body and/or nature around the
clothing workplace or displaying
posters, items or
screensavers of a sexual
nature

Making sexually Following them

offensive gestures, around or paying
remarks or facial excessive
expressions attention
 Physical Touch

Creating Hurdles

Any unwelcome
act
What is at stake?
• Brand value – Negative publicity;

• Decreased morale and decreased efficiency of employees;

• Loss of money for non-compliance of provisions of law – Madras High Court

awarded Rs. 1.68 Crores in damages to an employee for Non-Constitution of ICC.
Employees Responsibility

• Understand

• Observe

• Examine

• Confront

• Resolve

• Support
Who is Employee?
Employee means a person employed by the Foundation for any work and includes:-

• Employed on regular, temporary, ad hoc or daily wage basis;

• Either directly or through any agency, with or without the knowledge of the principal employer ;

• Whether for remuneration or not or working on a voluntary basis or otherwise;

• Whether the terms of employment are expressed or implied ;

• Contractor , coworker, a contract worker, probationer, apprentice, intern , field workers, or called
by any other such name

• Visitors, Facilitators, Students, Speakers , Guests etc.

What is Workplace?
Workplace includes:-

• All premises including Head Office, site offices and all other premises, locations,
establishments, institutions, units, sites controlled directly or indirectly and/or where from
business/work of the Foundation is conducted;

• All other premises where employees of visit arising out of or during the course of their
employment including official events ( employees working on field)

• Includes transportation and accommodation, if any, provided by the Foundation for employees
arising out of or during the course of employment for commutation or residence purposes.
How to prevent?
Responsibilities of the employer under the Act:-

• Constitution of Internal Complaint Committee (ICC) to handle the complaints of sexual harassment;

• Display on the notice board of the premises giving full details of members of ICC;

• Display at conspicuous places at workplace, penalties & consequences of sexual harassment ;

• Provide training to sensitize the employees on the issues and implications of sexual harassment at
workplace and organizing orientation programme(s) for members of ICC.
Internal Complaint Committee
Every Employer needs to constitute ICC as per the provisions of the Act to take care of following
matters:-

 To conduct enquiry into the complaints of sexual harassment;

 To make recommendations to the Board of Directors of the Company in the matters of sexual
harassment after conclusion of enquiry;

 To file annual report as per the provisions of the Act

What to do?

• Don’t ignore it. In the hope that it will go away.

• Don’t blame yourself and don’t delay.

• Be sure to say ‘No’ clearly and firmly.

• Speak Out. Speaking out about sexual harassment is an effective

tool in combating it.
What are the remedies?

• Any aggrieved woman employee may file a

compliant with ICC for redressal of her
grievances.

• It is the responsibility of ICC to send notice to

Respondents (against whom a complaint of sexual
harassment has been made) within 7 (seven)
working days.

• The Respondent shall file his reply to the

complaint along with supporting documents.
Procedure of filing Complaint

Any aggrieved woman may make a complaint in writing with any member of ICC

• at the prescribed contact details,

• within a period of 3 months of the date of incident of sexual harassment or in case of

series of incidents, with in a period of 3 months from the date of last incident.

• The complaint shall consists of name of the Respondent(s), date and details of incident of
sexual harassment, name and details of witness, if any, along with the supporting
documents.
Who is eligible to file a complaint?
• Aggrieved woman herself;

• Where the Aggrieved Woman is unable to make a Complaint on account of her physical or
mental incapacity , a Complaint may be filed by any prescribed person, on her behalf;

• Where the Aggrieved Woman for any other reason is unable to make a Complaint, a Complaint
may be filed by a person who has knowledge of the incident, with her written consent;

• Where the Aggrieved Woman is dead, a Complaint may be filed by any person who has
knowledge of the incident, with the written consent of her legal heir(s).
Procedure of Enquiry
Conciliation –
• The ICC may, before initiating an inquiry, at the request of the Aggrieved Woman, take steps
to settle the matter between her and the Respondent.

• No monetary settlement shall be made as a basis of conciliation.

• The settlement terms shall be recorded in writing and forwarded to the Executive Director.
Copies of the same shall be provided to the Aggrieved Woman and the Respondent.

• Where a settlement has been arrived at, no further inquiry shall be conducted by the ICC.
Procedure of Enquiry
Enquiry
• In case, conciliation is not possible, ICC shall investigate the complaint and provide its report,
as promptly as possible, but not later than 90 working days from the date of the Complaint.
• The ICC shall follow principles of natural justice in all its proceedings.
• Complete confidentiality shall be maintained, unless required by law.
• A copy of the Complaint as recorded by ICC shall be given to the Respondent as well as the
Complainant.
• The Respondent shall submit his response to the Complaint as well as to indicate whether the
Respondent wishes the ICC to examine any witnesses or furnish any evidence.
• The Complainant shall also indicate in writing whether the Complainant wishes the ICC to
examine any witnesses or furnish any additional evidence.
 Procedure of Enquiry
• Upon receipt of the responses from the Respondent and the Complainant, the ICC shall
conduct a hearing, where both the Complainant and the Respondent shall be heard in
person.

• ICC shall be empowered to call upon such of the Employees who may have been witness to
the incident(s) of Sexual Harassment and/or connected in any manner thereto.

• All Employees shall extend their fullest co-operation to ICC.

• Upon completion of the hearing, the ICC shall prepare its complete report, setting out its
recommendations on the disciplinary action(s) to be taken against the Respondent or
Complainant (as the case may be).
Punishment for Sexual Harassment

• To take action for sexual harassment as an act of misconduct in accordance with the
rules/regulations of the Foundation governing ‘conduct and discipline’ as applicable to the
Respondent; and/or

• To deduct such amounts from the salary or wages of the Respondent as may be considered
appropriate to be paid to the Complainant as per the Policy of the Company.

• Section 354, 354 A, 354B, 354 C, 354 D and 509 of Indian Penal Code, 1860 provides for
punishment for offences of outraging the modesty of woman, sexual harassment, disrobe,
voyeurism, stalking and insulting the modesty of woman respectively and the punishment
ranges between rigorous imprisonment from 1 to 3 years AND fine or both.
Punishment for Malicious Compliant or False Evidence

If an Employee or witnesses are found to have raised a malicious or false Complaint or given
any false evidence, such complainant or such person making evidence may also be subject to :-

• Appropriate disciplinary action, which may include termination of employment,

engagement or relationship with the Company, as the case may be.
Absence of complaints of sexual harassment doesn’t necessarily means
absence of sexual harassment….....
Refrain from….
• Behavior that may offend or hurt people at your workplace;

• Behavior that cause harassment to any women employee at your workplace;

• Behavior that may be interpreted by another as sexual harassment;

• Behavior that may support sexual harassment in any manner;

• Disbelieving a woman when she shares about harassment. Remember that sexual harassment is ‘Unwelcome
Behavior’.

• Involvement in trivializing the matter of sexual harassment;

• Filing or supporting any malicious or false complaint;

• Producing any false evidence of sexual harassment.

What can you do…...
• Be Professional all the time;

• Set a positive example;

• Think before making personal comments;

• Be supportive of people who wish to talk about being sexually harassed;

• Direct them to the appropriate persons/authorities;

• Hold the harasser accountable for his actions. Don’t make excuses for him;

• Demand that the harassment be stopped;

• Report sexual harassment to responsible person in the organisation.

Say ‘No’ to Sexual Harassment

Let’s make this World a safe and healthy Workplace